Current Status Introducing Body:House Bill Number:3193 Primary Sponsor:Waites Committee Number:25 Type of Legislation:GB Subject:Ethics Reform Act of 1991 Residing Body:House Current Committee:Judiciary Companion Bill Number:423 Computer Document Number:JIC/5181.HC Introduced Date:Jan 09, 1991 Last History Body:House Last History Date:Jan 09, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waites Barber Clyborne P. Harris McElveen Meacham Jaskwhich Wilder Kempe Neilson Cromer Rogers Smith Keyserling L. Martin Wilkes J. Bailey Keesley Gentry J. Harris McTeer Snow Marchbanks Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3193 House Jan 09, 1991 Introduced and read first 25
time, referred to Committee
View additional legislative information at the LPITS web site.
TO ENACT THE ETHICS REFORM ACT OF 1991, BY AMENDING SECTIONS 8-13-620 AND 8-13-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF AND RECORDKEEPING REQUIREMENTS FOR CAMPAIGN CONTRIBUTIONS, SO AS TO REQUIRE ADDITIONAL DISCLOSURE IN ADVANCE OF ELECTIONS, TO PROVIDE FOR MORE DETAILED DISCLOSURE, AND TO REQUIRE ALL CAMPAIGN CONTRIBUTION FILINGS TO BE FILED WITH THE STATE ETHICS COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, AND 8-13-710 SO AS TO PROHIBIT THE ACCEPTANCE OR SOLICITATION OF CASH CAMPAIGN CONTRIBUTIONS IN EXCESS OF FIFTY DOLLARS, TO ALLOW THE ACCEPTANCE OR SOLICITATION OF CAMPAIGN CONTRIBUTIONS ONLY FROM INDIVIDUALS AND POLITICAL ACTION COMMITTEES, PROHIBIT THE ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS FOR ANY ONE ELECTION IN EXCESS OF ONE THOUSAND DOLLARS FROM AN INDIVIDUAL OR FIVE THOUSAND DOLLARS FROM A POLITICAL ACTION COMMITTEE, TO REQUIRE A CAMPAIGN TO ESTABLISH A CHECKING ACCOUNT AND REQUIRE CONTRIBUTIONS TO BE DEPOSITED INTO THE ACCOUNT AND EXPENDITURES TO BE MADE BY CHECK AND PROVIDE EXCEPTIONS, TO REQUIRE CAMPAIGN PRINTED MATTER TO BEAR THE SPONSOR'S NAME AND ADDRESS AND PROVIDE EXCEPTIONS, TO PROHIBIT MEMBERS OF OR CANDIDATES FOR THE GENERAL ASSEMBLY FROM SOLICITING OR ACCEPTING CAMPAIGN CONTRIBUTIONS DURING THE LEGISLATIVE SESSION, TO PROHIBIT CANDIDATES FROM USING THEIR CAMPAIGN FUNDS TO CONTRIBUTE TO ANOTHER CANDIDATE, TO PROHIBIT THE CONVERSION OF CAMPAIGN FUNDS OR OTHER CAMPAIGN ASSETS TO PERSONAL USE AND TO PROVIDE FOR THE DISPOSITION OF SURPLUS CAMPAIGN FUNDS, TO PROHIBIT THE USE OF GOVERNMENT PERSONNEL AND FACILITIES IN ELECTION CAMPAIGNS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 8-13-10, 8-13-20, 8-13-110, 8-13-120, 8-13-610, 8-13-810, 8-13-830, AND 8-13-850, RELATING TO ETHICS AND THE STATE ETHICS COMMISSION, SO AS TO DEVOLVE ON THE STATE ETHICS COMMISSION FUNCTIONS OF THE ETHICS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, TO INCREASE THE MEMBERSHIP OF THE STATE ETHICS COMMISSION FROM SIX TO TWELVE, REQUIRE EQUAL REPRESENTATION ON THE COMMISSION OF THE TWO POLITICAL PARTIES HAVING THE LARGEST REPRESENTATION IN THE GENERAL ASSEMBLY, TO MAKE MEMBERS INELIGIBLE FOR REAPPOINTMENT, TO PROVIDE FOR TWO PANELS OF SIX MEMBERS EACH TO HEAR ETHICS MATTERS, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS AGAINST CANDIDATES FILED WITH THE STATE ETHICS COMMISSION BEFORE AN ELECTION, TO PROVIDE FOR AN ALTERNATE METHOD OF PROSECUTING COMPLAINTS WITH THE APPROVAL OF THREE-FOURTHS OF THE MEMBERS, TO ALLOW AN INDIVIDUAL TO REQUEST AN INVESTIGATION OF HIS OWN CONDUCT, TO CLARIFY THE APPLICATION OF REPORTING REQUIREMENTS TO PROBATE JUDGES, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS FILED AGAINST MEMBERS OF THE GENERAL ASSEMBLY BY REFERRING THE MATTER TO THE SPEAKER OF THE HOUSE OR PRESIDENT OF THE SENATE, AS APPROPRIATE, AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8, RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-480, 8-13-485, 8-13-495, 8-13-497, AND 8-13-832 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM APPEARING AT A PUBLIC HEARING CONDUCTED BY A STATE BOARD, COMMITTEE, OR COMMISSION, AND TO PROHIBIT MEMBERS FROM REPRESENTING CLIENTS BEFORE SUCH ENTITIES, TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM VOTING ON APPROPRIATIONS AND APPOINTMENTS FOR AGENCIES FROM WHICH THEY OR A BUSINESS ASSOCIATE RECEIVES INCOME, TO PROHIBIT STATE PUBLIC OFFICIALS AND PUBLIC EMPLOYEES FROM ACCEPTING THINGS OF VALUE FROM A REGISTERED LOBBYIST AGGREGATING MORE THAN ONE HUNDRED DOLLARS IN VALUE IN A CALENDAR YEAR, AND TO PROVIDE EXCEPTIONS, TO PROHIBIT FORMER MEMBERS OF THE GENERAL ASSEMBLY FROM ENGAGING IN PAID LOBBYING OF LEGISLATORS WITHIN TWO YEARS OF LEAVING THE GENERAL ASSEMBLY, TO REQUIRE THE DISCLOSURE OF SOURCES OF INCOME IN EXCESS OF ONE HUNDRED DOLLARS, THE EXACT AMOUNT OF MONEY RECEIVED FROM ENGAGING IN GAMES OF SKILL OR CHANCE WITH A REGISTERED LOBBYIST, THE IDENTITY OF INTERESTS IN PROPERTY, THE SOURCE AND AMOUNT OF INCOME IN EXCESS OF ONE THOUSAND DOLLARS FROM AN ENTITY EMPLOYING DIRECTLY OR INDIRECTLY A REGISTERED LOBBYIST, AND TO EXTEND THESE REPORTING REQUIREMENTS TO HOUSEHOLD MEMBERS, TO AMEND SECTIONS 2-17-20 AND 2-17-40, RELATING TO THE REGULATION OF LOBBYING, SO AS TO DEVOLVE THE REGULATION OF LOBBYING ON THE STATE ETHICS COMMISSION AND TO REQUIRE ADDITIONAL REPORTING BY LOBBYISTS; TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-55 AND 2-17-57, SO AS TO PROHIBIT REGISTERED LOBBYISTS FROM GIVING THINGS OF VALUE TO A STATE PUBLIC OFFICIAL OR EMPLOYEE AGGREGATING MORE THAN ONE HUNDRED DOLLARS VALUE IN A CALENDAR YEAR, AND TO PROHIBIT REGISTERED LOBBYISTS FROM PERSONALLY DELIVERING CAMPAIGN CONTRIBUTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190 AND 8-13-135, SO AS TO PROVIDE ETHICS EDUCATION FOR NEW MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE CONTINUING ETHICS EDUCATION PROGRAMS FOR PUBLIC OFFICIALS AND EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-195 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM BEING REIMBURSED FOR SUBSISTENCE EXPENSES IN EXCESS OF EXPENSES INCURRED; TO AMEND SECTIONS 7-11-15, 7-11-210, AND 7-13-40, AS AMENDED, RELATING TO ELECTIONS, SO AS TO PROVIDE FOR A PRIMARY DATE ON THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER AND TO REVISE FILING DATES; TO AMEND SECTION 16-9-210, RELATING TO GIVING OR OFFERING BRIBES TO OFFICERS, SO AS TO EXTEND THE OFFENSE TO SEXUAL FAVORS; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-455 SO AS TO PROHIBIT LEGISLATORS FROM SERVING EX OFFICIO ON STATE BOARDS AND COMMISSIONS, AND TO PROVIDE EXCEPTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-487 SO AS TO PROHIBIT LEGISLATORS FROM ACCEPTING HONORARIA FOR SPEECHES GIVEN IN THIS STATE OR ANY OTHER PLACE IF THE ORGANIZATION OPERATES IN THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Ethics Reform Act of 1991.
SECTION 1. Section 8-13-620 of the 1976 Code is amended to read:
"Section 8-13-620. Any A candidate for office or any a committee working on behalf of a candidate for office, or any a duly organized group or political party, receiving or soliciting funds for the to support or oppose of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name and amount of each individual or group contributing more than one hundred dollars and to what candidate such contribution was made. Duplicate, certified originals of such list showing the names of all contributors of more than one hundred dollars shall be filed with the appropriate supervisory office within thirty days after each election in which such contributions are sought or received. Any such candidate, or committee, or group or party shall maintain a current list of all contributors in the amount of more than one hundred dollars during the two-week period prior to the election, which shall be open to public inspection upon request. When a final list is filed with the supervisory office such candidate or group receiving such funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what its ultimate distribution shall be. and all expenditures. A candidate, committee, political party, or other group shall file contribution and expenditure reports with the State Ethics Commission on forms prescribed by the commission before each election in which a candidate which it supports or opposes is voted upon, at least thirty days before the election containing information current as of forty days before the election and ten days before the election containing information current as of twenty days before the election. Individual contributions of one thousand dollars or more received before election day and not already reported must be reported in a supplemental filing within twenty-four hours of receipt. A report is not required for a primary runoff election except that supplemental filings within twenty-four hours of receipt must be made for contributions not already reported of one thousand dollars or more received before the day of the runoff election. An updated report must be filed within thirty days after each election containing information current as of twenty days after the election. The reports must disclose:
(1) the name and address of a person contributing more than one hundred dollars and the amount of a contribution of more than one hundred dollars;
(2) the name and address of each vendor or other recipient of campaign funds and the purpose and amount of the expenditure;
(3) how much is retained and its ultimate distribution;
(4) in the case of a fundraising activity which results in cash contributions aggregating one hundred dollars or more, the nature of this activity, the date of the activity, and the total cash contributions received.
A candidate who is unopposed in a primary election is not required to file a post-election report for that primary election."
SECTION 2. Section 8-13-630 of the 1976 Code is amended to read:
"Section 8-13-630. The filing requirements specified in Section 8-13-620 shall be deemed to be continuing continue after an election so as long as the candidate, whether he was successful or not in the election, continues to collect funds for the purpose of paying to pay expenses for such the election; and such the candidate shall be required to file an amendment to such the final list report filed with the supervisory office State Ethics Commission within ten days after the end of each calendar quarter in which funds were received or expended. The supervisory office commission shall forward a copy of each statement or report filed with it to the clerk of court in the county of residence of the candidate."
SECTION 3. Article 9, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-640. No candidate, political party, or committee, or anyone acting in his or its behalf, may solicit or accept a cash campaign contribution in excess of fifty dollars. A fundraising activity which results in cash contributions aggregating one hundred dollars or more must be reported as provided in Section 8-13-620(4).
Section 8-13-650. A candidate, political party, or committee, or anyone acting in his or its behalf, may not:
(1) solicit or accept a cash campaign contribution in excess of fifty dollars;
(2) solicit or accept a campaign contribution from other than an individual or a political action committee;
(3) solicit or accept a campaign contribution for an election which exceeds:
(a) one thousand dollars from an individual; or
(b) five thousand dollars from a political action committee.
Section 8-13-660. A candidate or committee which receives or expends more than one hundred dollars to influence a nomination or election shall establish an account in a financial institution. All funds received must be deposited in the account and all expenditures made by check, except that a nominal petty cash fund may be maintained. No contributions or funds may be commingled with the personal funds of the candidate or a member or officer of a committee. Nothing in this section prohibits the establishment of a second campaign account if the balance in the account represents transfers from the primary account and the same taxpayer identification number is used for both accounts.
Section 8-13-670. A candidate, political party, committee, or any other person or entity who pays for the production, distribution, or posting of campaign literature or other printed material related to an election shall cause his or its name and address to appear on the printed matter. Campaign buttons, balloons, or similar items are exempt from the identification required by this section.
Section 8-13-680. No member of or candidate for the General Assembly or anyone acting in behalf of the member or candidate may solicit or accept campaign contributions from a registered lobbyist while the General Assembly is in session. For purposes of this section, the General Assembly session begins on the day provided in the Constitution of this State and continues through the day of adjournment sine die.
Section 8-13-690. No candidate may use his campaign funds to make a political contribution to another candidate, but this section does not prohibit contributions for purposes of voter registration or voter turnout activities.
Section 8-13-700. (A) No candidate, committee, or political party shall:
(1) make an expenditure or transfer of assets solely for the direct personal benefit of the candidate, members of his household, or any other person; or
(2) transfer any funds to the candidate, members of his household, or any other person for their personal use.
The prohibition in item (1) of this subsection does not extend to incidental personal use of campaign materials or equipment.
(B) At the time a final report is filed, a candidate or committee deciding to terminate and having surplus funds shall:
(1) deliver the surplus to the State Treasurer for deposit to the credit of the general fund of the State;
(2) contribute the surplus to a charitable organization;
(3) return the surplus to the contributors on a pro-rata basis;
(4) contribute the surplus to a new campaign committee formed for the candidate's next campaign; or
(5) transfer the surplus to an officeholder's account to defray ordinary and necessary expenses incurred with his duties as a public officeholder.
Section 8-13-710. (A) Except as provided in subsection (B), no person may use government personnel, equipment, materials, or facilities in an election campaign. A government, however, may rent or provide public facilities for political meetings and other campaign-related purposes if they are available on similar terms to all candidates and committees. This section does not prohibit government personnel, where not otherwise prohibited, from participating in election campaigns on their own time and on nongovernment premises.
(B) When an elected public official has staff or other employees who in the performance of their official duties are involved in activities that contain both official and political elements, the official may in writing designate not more than two employees who may, on a voluntary basis and where not otherwise prohibited, engage in limited political activity that is incidental to and does not detract from the performance of official duties. This permitted activity is limited to recordkeeping, scheduling, responding to press inquiries or other similar de minimus actions and may not result in any additional public expense in the operation of the office."
SECTION 1. Section 8-13-10 of the 1976 Code is amended to read:
"Section 8-13-10. The General Assembly hereby finds and declares that elected public office and public employment is are a public trust and any effort to realize personal gain through official conduct is a violation of that trust. It further finds that the people of South Carolina want legislation to insure that conflicts of interest of public officials and employees be eliminated to the extent possible and that violations of rules of ethical conduct be investigated and punished where appropriate. The General Assembly further finds that based on research of ethics legislation in other states such this legislation must be drawn in a manner to prevent the use of such this legislation for political purposes or to maliciously damage the reputations of elected public officials and public employees. It further finds that based on an opinion of the Attorney General dated May 14, 1975, such legislation must preserve the constitutional right of the General Assembly to judge the qualifications of its members. To accomplish the purposes hereinabove enumerated in this section, the General Assembly has determined to enact the legislation provided for in this chapter."
SECTION 2. Section 8-13-20(k) of the 1976 Code is amended to read:
"(k) `Supervisory office' means the State Ethics Commission for all candidates for public office in this State except for those candidates for the office of State senator or State Representative, and means the Senate Ethics Committee for candidates for the office of State Senator and means the House of Representatives Ethics Committee for candidates for the office of State Representative;".
SECTION 3. Section 8-13-110 of the 1976 Code is amended to read:
"Section 8-13-110. There is hereby created the State Ethics Commission to be composed of six twelve members, one two of whom shall must be appointed from each congressional district, by the Governor, upon the advice and consent of the General Assembly. Appointments must be made so that the membership of the commission from each congressional district consists of an equal number of members who identify with the two political parties having the largest representation in the General Assembly. The Governor shall indicate the party identification on the appointment. The chairmanship of the commission must be rotated biennially between the two political parties with whom commission members must be identified. No member of the General Assembly or other public official shall be is eligible to serve on the State Ethics Commission. The terms of the members shall be are for four seven years and until their successors are appointed and qualify except of those first appointed, those members appointed from the first, third and sixth districts shall be appointed for terms of two years only. No member of the commission, including those first appointed, shall serve more than two consecutive four-year terms on the commission. Members who have completed a full seven-year term are not eligible for reappointment. Vacancies shall must be filled in the manner of the original appointment for the unexpired portion of the term only. The commission shall elect a chairman, a vice-chairman, and such other officers as it deems it considers necessary. For purposes of hearing ethics matters, the commission is divided into two six-member panels. Four members of the commission panel shall constitute a quorum for the panel. Members of the commission shall, while serving on business of the commission, shall receive such the per diem, mileage, and subsistence as is provided by law for members of boards, committees, and commissions."
SECTION 4. (A) The first paragraph of Section 8-13-120(e) of the 1976 Code is amended to read:
"(e) To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such the statement and, upon complaint by any an individual, with respect to alleged violations of any part of this chapter by any a public official or public employee except members of the General Assembly. All such complaints by any an individual with respect to alleged violations shall must be investigated by the State Ethics Commission and a determination made thereon on them. Provided, however, that However, no complaint shall may be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to before any an election in which he is a candidate. and any Action on a complaint filed against such the candidate which was received more than fifty days prior to before such the election, and which cannot shall be disposed of by the commission or by dismissal of such the complaint not less than forty ten days prior to before the election is postponed until after the election. The provisions of the above proviso shall previous sentence do not apply to complaints received concerning candidates who qualify within fifty days of an election."
(B) Section 8-13-120(f)(2) of the 1976 Code is amended to read:
"(2) If a hearing is to be held, the respondent shall be may allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party shall must be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings shall must be conducted in executive session. Upon completion of its investigation and any hearing thereon, the commission shall, where appropriate, recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action as necessary. In the case of a public employee, the commission shall file a report to the administrative department executive responsible for the activities of such employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the Governor. If the complaint is filed against a member of the General Assembly, the commission shall dispose of the matter by reporting its findings in writing to the Speaker of the House or the president of the Senate, as appropriate. All actions taken by the commission on complaints, except on alleged violations which are found to be groundless by the commission, are a matter of public record."
(C) Section 8-13-120(f) of the 1976 Code is amended by adding two appropriately numbered subitems to read:
"( ) In addition to the procedure provided in this section with respect to the handling of complaints, the commission may, after determining that the facts alleged in a complaint are sufficient to constitute a violation, and with the concurrence of at least three-fourths of the total membership of the commission, refer the complaint to the Attorney General or his designee. On this referral, the Attorney General or his designee shall thereafter act as the complainant in all matters relating to the complaint before the commission.
( ) An individual may in writing request the commission to investigate his own conduct with respect to the provisions of this chapter, and this written request substitutes for the complaint otherwise required to invoke the commission's jurisdiction."
SECTION 5. Section 8-13-610 of the 1976 Code is amended to read:
"Section 8-13-610. (a) At the time a declaration of candidacy or a petition to appear on the election ballot is filed, each candidate, including a candidate for probate judge, shall file a statement of economic interests as defined in Section 8-13-20 with the party official, election official, or other designated official authorized to receive a declaration of candidacy or petition. The party official, election official, or other designated official authorized to receive such declaration of candidacy or petition shall forward the completed statement of economic interests for each candidate to the appropriate supervisory office within five days after the close of the filing period for such the office. The party official, election official, or other designated official charged by law for the election shall not permit the candidate's name to appear on the election ballot if the candidate has not filed the statement of economic interests in accordance with the provisions of this section. The party official, election official, or other designated official shall be is responsible for insuring that the candidate's name does not appear on the ballot, or if done inadvertently, such the designated official shall may not certify the candidate subsequent to the election. The State Ethics Commission shall furnish to each clerk of court in the State forms on which the statement of economic interests shall must be filed.
(b) No person who is a candidate for public office which is filled by election by the General Assembly or with the advice and consent of the Senate or the General Assembly shall may be voted upon by the General Assembly or either house thereof of the General Assembly until at least ten days following the date on which such the candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and Chairman of the House of Representatives Ethics Committee, as appropriate State Ethics Commission."
SECTION 6. The first paragraph of Section 8-13-810 of the 1976 Code is amended to read:
"No member of the General Assembly, or elected public official, regardless of compensation, and no public employee or appointed official as designated below, regardless of compensation, shall be is allowed to take the oath of office or enter upon his duties of employment unless he has filed a statement of economic interests in accordance with the provisions of this chapter at the office of the State Ethics Commission, the Chairman of the Senate Ethics Committee or the Chairman of the House of Representatives Ethics Committee as may be appropriate. The State Ethics Commission and the Senate Ethics Committee and House of Representatives Ethics Committee shall forward a copy of each statement filed with it to the clerk of court in the county of residence of the member, official, or employee. If members of the General Assembly or public officials and employees referred to in this section have no economic interests as defined in item (g) of Section 8-13-20(g) they shall nevertheless file a negative report to that effect with the entity with which reports are to be filed. All disclosure statements shall be are matters of public record open to inspection upon request."
SECTION 7. Section 8-13-830 of the 1976 Code is amended to read:
"Section 8-13-830. In addition to the statement of economic interests required pursuant to Section 8-13-810, all persons required to file such the statements shall further report to the State Ethics Commission or appropriate legislative committee the name of any person he knows to be a lobbyist as defined in Section 2-17-20 of the 1976 Code and knows that such the lobbyist or the entity he represents has in the previous calendar year purchased from him, any a member of his household, or from his business, goods or services in an amount in excess of two hundred dollars. Gifts from a lobbyist or the entity he represents in a value of more than one hundred dollars shall also be reported at the same time."
SECTION 8. Section 8-13-850 of the 1976 Code is amended to read:
"Section 8-13-850. Notwithstanding the exclusion of members of the judiciary from the definition of public official contained in Section 8-13-20(e),
any such a member of the judiciary, including a probate judge, shall annually file a statement of any economic interest he may have with the Chief Justice of the Supreme Court."
SECTION 9. Article 5, Chapter 13, Title 8 of the 1976 Code is repealed.
SECTION 10. Members of the State Ethics Commission serving on the effective date of this part shall continue to serve until the expiration of the term to which they were appointed, after which the Governor shall appoint their successors as provided by law. Of those additional members initially appointed pursuant to this act, the members from the first and second congressional districts shall serve for a term of three years, the members from the third and fourth congressional district shall serve for terms of five years, and the members from the fifth and sixth congressional districts shall serve for terms of seven years. In making the initial appointments of the additional members provided by this part, the Governor shall insure that equal representation by political party is attained.
SECTION 1. Article 7, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-480. No member of the General Assembly may appear in person or by written testimony in a public hearing conducted by a state board, committee, or commission. No member of the General Assembly may represent a client before a state board, committee, or commission. This prohibition applies whether or not the member is paid for the representation. This section does not apply to the representation of clients in state and federal courts.
Section 8-13-485. (A) No member of the General Assembly may vote, in committee or on the floor of his respective house, on appropriations for a state agency, board, committee, commission, or institution from which the member reports on his statement of economic interest that he receives fees, compensation, or other benefits.
(B) No member of the General Assembly may vote, in committee, on the floor of his respective house, or in joint assembly, on an appointment to the governing body of a state agency, board, committee, commission, or institution from which the member reports on his statement of economic interest that he receives fees, compensation, or other benefits.
(C) The prohibitions on voting in this section also apply if the member derives income in the form of salary or distributive share from a business which receives fees, compensation, or other benefits directly from a state agency, board, committee, commission, or institution."
SECTION 2. Article 7, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-495. Where no more restrictive prohibition applies, no public official or public employee of this State may accept anything of value from a registered lobbyist aggregating more than one hundred dollars in value in a calendar year. For purposes of this section, `anything of value' means any item, article, money, or thing of monetary worth, but does not include:
(1) personal hospitality of an individual; and
(2) information.
Section 8-13-497. No former member of the General Assembly may engage in paid lobbying of members of the General Assembly within two years of the date he last served as a legislator."
SECTION 3. Article 11, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-832. (A) In addition to other reporting requirements, persons other than candidates required to file statements of economic interest shall report annually no later than April fifteenth on a statement of economic interest:
(1) the source and exact amount of money received from a game of skill or chance with a registered lobbyist in the previous calendar year;
(2) the source of all income in excess of one hundred dollars in value received in the previous calendar year, not including income received from this State on account of the reporting individual's public service and the source and amount of income in excess of one thousand dollars received from an individual or entity retaining a registered lobbyist either directly or indirectly;
(3) the identity of any interest in property held any time during the previous calendar year:
(a) in a trade or business;
(b) for investment; or
(c) for the production of income.
This item (3) does not extend to personal liabilities owed the member by his spouse, parent, brother, sister, or child and deposits in personal savings accounts aggregating ten thousand dollars or less. For purposes of this item, a personal savings account includes a certificate of deposit or other form of deposit in a financial institution.
(B) The reporting requirements imposed by this section extend to members of the household of the reporting person during the entire reporting period.
(C) A candidate who is not otherwise required to make the report required by this section must provide the information required by this section at the time he is required to file the statement of economic interest as provided in Section 8-13-610."
SECTION 1. Section 2-17-20 of the 1976 Code is amended to read:
"Section 2-17-20. Every person who employs any a person to act as counsel or agent to promote or oppose in any manner the passage by the General Assembly of any legislation affecting the pecuniary interest of any person as distinct from those of the whole people of the State or to act in any manner as legislative counsel or agent in connection with any such legislation shall, within ten days of such the employment and in all cases before appearing before committees of the General Assembly, shall cause such the lobbyist, agent, or counsel to register with the Secretary of State as later provided herein State Ethics Commission. Each person so registering shall pay a fee of ten dollars and present to the Secretary of State commission a communication reflecting the authority of the registrant to represent the person, firm, corporation, or association by whom he is employed. This communication shall must also show the nature of the group or association to be represented and the size and composition of its membership. Based on this registration, each lobbyist or legislative agent shall must be issued an identification card by the Secretary of State commission, which card shall must be shown to the committee chairman before the person can appear before any legislative committee.
The Secretary of State commission shall furnish to each chairman of a standing and special committee of the General Assembly, on a monthly basis, and to the members of the General Assembly every three months, a list of all lobbyists registered with his office the commission."
SECTION 2. Section 2-17-40 of the 1976 Code is amended to read:
"Section 2-17-40.Every It shall be the duty of every legislative agent to shall file annually, within thirty days after the final adjournment of the General Assembly, a complete and itemized sworn statement of all contributions and expenditures made, paid, incurred, or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter. A legislative agent with other duties is required to report only that income or expense directly related to lobbying. A report shall must be filed annually whether or not contributions or expenditures are made. Such The reports shall must be in such the form as shall be prescribed by the Secretary of State commission and shall must be open to public inspection. No legislative agent may be registered or reregistered under the provisions of this chapter until compliance is made with this section.
Where a registered lobbyist incurs expenses lobbying a member other than at events sponsored by the lobbyist to which all members of the General Assembly have been invited, he must report the name of the member, the dates and places where the expenses were incurred, the expenses attributable to the lobbying, and the issues the lobbyist raised with the member."
SECTION 3. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-55. Where no more restrictive prohibitions apply, a registered lobbyist may not offer anything of value, as defined in Section 8-13-495, to a public official or public employee of this State, aggregating more than one hundred dollars in value in a calendar year.
Section 2-17-57. No registered lobbyist may personally deliver a campaign contribution to a public official of this State."
SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-190. The Speaker of the House and the President of the Senate, in consultation with the clerks of their respective houses, shall provide, as a part of the orientation for new members of the General Assembly, a comprehensive course of instruction in ethics."
SECTION 2. Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-135. The commission shall organize regular continuing ethics education programs for public officials and employees."
SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-195. No member of the General Assembly may apply for or accept reimbursement for subsistence expenses in excess of the actual expenses incurred."
SECTION 1. Section 7-11-15(1) of the 1976 Code is amended to read:
"(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April July sixteenth and noon on April July thirtieth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March June sixteenth and noon March June thirtieth;"
SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:
"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April July thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: `I hereby file my notice as a candidate for the nomination as _____________ in the primary election to be held on - _______________. I affiliate with the ____________ Party, and I hereby pledge myself to abide by the results of the primary. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing General Election.'
Every candidate for selection in a primary election as the nominee of any a political party for members of the Senate, member of the House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March June thirtieth a like similar notice and pledge."
SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:
"Section 7-13-40. In the event that If a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party on the second Tuesday in June after the first Monday in September of each general election year and a second and third primary election each two weeks successively thereafter, if necessary."
SECTION 1. Section 16-9-210 of the 1976 Code is amended to read:
"Section 16-9-210. Whoever A person who corruptly gives, offers, or promises to any an executive, legislative, or judicial officer, after his election or appointment, either before or after he is qualified or has taken his seat, any gift or gratuity, including any sexual favor whatever with intent to influence his act, vote, opinion, decision, or judgment on any matter, question, cause, or proceeding which may be pending or may by law come or be brought before him in his official capacity, shall must be punished by imprisonment in the State Penitentiary at hard labor not exceeding for not more than five years or by a fine not exceeding of not more than three thousand dollars, and imprisonment in jail not exceeding one year or both."
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-455. A member of the General Assembly may not serve as an ex officio member of a state board or commission. The provisions of this section do not apply to the State Budget and Control Board and the Advisory Commission on Intergovernmental Relations."
SECTION 1. Article 7, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-487. No member of the General Assembly may accept an honorarium for a speech given in this State, or in any other place if the person or organization paying the honorarium operates in this State. This section does not extend to the acceptance of expenses associated with a speaking engagement."
SECTION 1. This act takes effect January 1, 1992.